HomeMy WebLinkAboutCT 82-26; Rancho Real Inc; 87-096379; Easement. . . . .-
PLEASE RECORD THIS DOCUMENT AT
NO FEE AS IT IS TO THE BENEFIT Q, OF THIS DISTRICT Q)5 a QOC
0 " -2 WHEN RECORDED, PLEASE MAIL TO: c +I -4 ck
Q) 0 Costa Real Municipal Water District $ Q) 5950 El Camino Real
kc Carlsbad, California 92008 wQ)+I
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3 Project Name & No. JOCKEY CLUB (ALICANTE VIEWS) ::2 C.T. NO. 82-26/CP 223
% ?,? ! Assessor's Parcel No. 216-370-01, 216-370-02.d 216-370-03 Zc
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G Q) 5 *g W-,REWDC-" CRMWD PROJECT NO. 83-402
.- -4 'D73UFAENTARY TRANWER TAX $.___*-.&..A
DOCUMENTARY TRANSFER
TAX: None
COSTA REAL MUNICIPAL
WATER DISTRICT
NO FEE
RANCHO REAL, INC., a California corporation, and JOCKEY CLUB HOMEOWNERS' ASSOCIATION, a California nonprofit corporation
do hereby qrant to COSTA REAL MUNICIPAL WATER DISTRICT, a Public -- Agency organized in the State of California, its sucessors and
assigns, an easement.
PURPOSE: The easement granted herein shall be granted for the
following purposes: the construction, operation, repair,
reconstruction and all activities necessary to construct,
reconstruct, operate, maintain and repair facilities designed for
the genera 1 purpose of col lecting, storing,
and treating all water, including surface
flood water and ground water flowing into all natural and artificial drainage ditches
kind, whether above or below the surface of
transporting, pumping water, stream water,
said facilities, and
and structures of any
the ground.
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Said facility may include pipelines, pumping facilities,
structures designed to control the flow of water and all facilities and structures associated with said use which are designed to facilitate the use and protect the facility from
natural and other forms of damage including, but limited to, erosion control facilities, fences, gates doors, locking devices, alarms, lights, and all other such protective facilities and
devices. The use shall also include a means of access to and
from said facility for the purpose of constructing, operating,
repairing, maintaining, inspecting and reconstructing said facility.
The uses described herein shall be exclusive to the Grantee. Grantor herein agrees that no buildings and/or structures will be erected, walls constructed, fences built nor trees planted, nor may the easement be used by the Grantor or any other person or entity, including other utilities, whether public or private, for
uses whether compatible or incompatible with the uses described
herein without the express written approval of the Grantee, including, without limitation, as provided in Exhibit "B" attached ( "Hold Harmless Agreement" 1.
LOCATION OF THE EASEMENT:
The easement granted herein shall be located within and upon the
properties more particularly described in Exhibit "A" attached
hereto and by this reference made a part hereof.
JOCKEY CLUB HOMEOWNERS' RANCHO REAL, INC.,
ASSOCIATION, a California
nonprofit cor
BY
its President its President
-/7. /9f7
v
Dated
.BY f Betty Stout
its Secre-ry its Secretary
Date (9f.7 Dated x- /7- d7 /
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COSTA REAL MUNICIPAL WATER DISTRICT
its President,
Board of Directors
(Attach Notary Acknowledgement)
CRMWD 82-216
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This is to certify that the interest is real property
conveyed by the Deed dated /7 , 1987, from
RANCHO REAL, INC., and JOCKEY CLUB HOMEOWNERS' ASSOCIATION
as Grantor, to COSTA REAL MUNICIPAL WATER DISTRICT, a Municipal
Water District organized and existing under the Municipal Water
District Act of 1911, as amended, is hereby accepted by order of
the Board of Directors of the COSTA REAL MUNICIPAL WATER DISTRICT
on /B /y,fy , 1987, and the Grantee consents to
recordation thereof by its duly authorized officer.
DATED /f , 1987.
COSTA REAL MUNICIPAL WATER DISTRICT
By :
CRMWD 83-402
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State of California
County of San Diego ss.
I in the year of 1987, before
personally appeared Theodore Aroney personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as president or on
behalf of the corporation therein named and acknowledged to me
that the corporation executed it.
in and for said state,
Seal
State of California
County of San Diego
On this ~7f~ day of &=&?&Mu , in the year of 1987, before me the undersigned, a NotarfPublic in and for said state, personally appeared Betty Stout personally know to me (or proved
to me on the basis of satisfactory evidence) to be the person who
executed the within instrument as secretary or on behalf of the
corporation therein named and acknowledged to me that the corporation executed it.
ss.
Seal
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State of California
County of San Diego
On this /p& day of Ff&&&r/ , in the year of 1987, before me the undersigned, a Notary Public in and for said state, personally appeared George Shulman personally know to me (or
proved to me on the basis of satisfactory evidence) to be the
person who executed the within instrument as president or on behalf of the corporation therein named and acknowledged to me that the corporation executed it.
ss.
Seal
State of California
County of San Diego
On this day /7-+4 , day of fiJ ,t?u I in the year of 1987,
before me the undersigned, a Notar$%hic in and for said state,
personally appeared Valarie M. Fish personally known to me (or proved to me on the basis of satisfactory evidence) to be the
person who executed the within instrument as secretary or on behalf of the corporation therein named and acknowledged to me that the corporation executed it.
ss.
- CALIFORNIA Seal
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EXHIBIT ''A"
Page 1 of 2
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That portion of Lots 1, 2 and 3 of CARLSBAD TRACT 82-26
according to map thereof recorded July 3, 1984, in the City
of Carlsbad, County of San Diego, State of California, being
a 15.00 foot strip of land lying 7.50 feet on each side
of the herein described centerline:
Commencing at the Southwest corner of said Lot 1; thence
South 76'01'37" East, 7.50 feet to the TRUE POINT OF
BEGINNING; thence North 13'58'23" East , 151.74 feet; thence
South 83'52'20" East, 356.75 feet to a point herein after
referred to as Point "A"; thence continuing South 83'52'20"
East, 419.37 feet, thence South 06'07'40" West, 59.21 feet; thence South 25'54'00" West, 84.74 feet; thence South 68'16'22"
West, 302.61 feet; thence North 82'51'48" West, 337.22 feet;
thence North 79'10'00" West, 186.64 feet more or less to
a point of terminus on the Westerly line of said Lot 3.
Beginning at aforementioned Point "A"; thence South 06'07'40"
West, 337.72 feet; thence South 36'17'31" East, 33.87 feet
more or less to the North line of the 20.00 foot wide water main easement recorded February 27, 1962 as File No. 33068,
Series 3, Book 1962 of Official Records, the side lines
of this easement shall be lengthened or shortened as neces-
sary to intersect the Northely line of the existing water main easement referred to above.
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EXHIBIT "B"
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HOLD HARMLESS AGFZEEMENT
BETWEEN COSTA REAL MUNICIPAL WATER DISTRICT
AND RANCHO REAL, INC. & JOCKEY CLUB HOMI~OWNRRS~ ASSOCIATION
THIS AGREEMENT is made by the Costa Real Municipal Water District
hereinafter called "CRMWD," and Rancho Real, Inc., a California
corporation, and Jockey Club Homeowners' Association, a
California nonprofit corporation, hereinafter called "Jockey
Club," owner of that real property described as Carlsbad Tract
No, 82-26, Alicante Hills according to Map thereof No. 10986.
Jockey Club agrees to assume all responsibility for the
construction and maintenance of a circular twenty-four foot (24')
diameter water fountain located approximately three hundred
sixty-six feet (366') southeast of the most southeast corner of
the easterly termination of Almaden Lane, in the City of
Carlsbad, as shown on attached Exhibit "A" attached hereto and
made apart hereof and as CRMWD Reference No. 83-402, and assumes
all responsibility for damage caused by said fountain to existing
water facilities owned by the CRMWD; more specifically an
existing 8-inch water pipeline and 2" water service located at
the driveway intersection, the centerline of said 8" pipeline
being approximately five feet (5') east from the centerline
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radius point of fountain. Damage shall include but not be
limited to the following: excessive bearing loads caused by said
fountain, or failure of walls due to the excavation of said
existing 8-inch pipeline and 2" water service by the CRMWD.
Jockey Club further agrees to defend, indemnify, protect and hold
the CRMWD and its agents, officers, and employees harmless from
and against any and all claims asserted or liability established
for damages or injuries to any person or property, which arises
from or are connected with or are caused or claimed to be caused
by said fountain, and all expenses of investigation and defending
against same; provided that the duty of Jockey Club to indemnify
and hold harmless shall not include any claims or liability
arising from the established sole negligence or willfull
misconduct of CRMWD, its agents, officers or employees.
Recognizing that in exchange for the consideration of Jockey Club
to hold the CRMWD harmless, the CRMWD District will allow the
existing construction of facilities to remain which may be
potentially detrimental to said existing 8-inch water pipeline
and 2" water service. Jockey Club acknowledges that the easement
being granted concurrently with this agreement would not be
accepted by CRMWD but for these covenants and promises that CRMWD
will be held harmless.
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The terms and conditions of this agreement shall be binding on
all future owners of the subject property, and shall be recorded
with the easement for the pipeline referred to herein.
IN WITNESS WHEREOF, this agreement is executed by the Costa Real
Municipal Water District and by Rancho Real Inc., a California
corporation and Jockey Club Homeowner's Association, a California
nonprofit corporation.
DATZ OF EXECUTION: DATE OF EXECUTION:
RANCHO REAL, INC., a California COSTA REAL MUNICIPAL WATER DISTRICT
BY Scsan LK.*A M. Haasl, President
Board of Directors
Betty Stodd, Secretary
OF EXECUTION :
TION, a-California nonprofit
corporation
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This is to certify that the conditions set forth by the Hold
Harmless Harmless Agreement, Exhibit "B"
1987, from RANCHO REAL, INC., a Cali
JOCKEY CLUB HOMEOWNERS' ASSOCIATION, a California nonprofit
corporation, as Grantor, to COSTA REAL MUNICIPAL WATER DISTRICT,
a Municipal Water District Act of 1911, as amended, is hereby
accepted by order of the Board of Directors of the Costa Real
Municipal Water District on /f, 1987 and the
Grantee consents to recordat its duly authorized
officer .
Dated: /f , 1987
COSTA REAL MUNICIPAL WATER DISTRICT
n By :
Joh @$ . enley, !,4hM, Secreta
Boar of Directors 1
CRMWD 83-402
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State of California
County of San Diego ss.
On this day of p#,& RfiJ , in the year of 1987, before me the un ersigned, a No&ry/Public in and for said state, personally appeared Theodore-Aroney personally known to me (or proved to me on the basis of satisfactory evidence) to be the
person who executed the within instrument as president or on
behalf of the corporation therein named and acknowledged to me
that the corporation executed it.
c 7 2 - ----as.-- IAI SLAL
HY E DAVIS RY PUBLIC - CALIFORNIA
SAN DIEGO CWNTY
State of California
County of San Diego
ss.
On this /7& day of FJ/~’~LY , in the year of 1987, before me the undersigned, a Notary’Public in and for said state, personally appeared Betty Stout personally know to me (or proved to me on the basis of satisfactory evidence) to be the person who
executed the within instrument as secretary or on behalf of the corporation therein named and acknowledged to me that the corporation executed it.
DOROTHY E DAVIS NOTARY PUBLIC - CALIFORNIA
SAN DIEGO COUNTY
Seal
’ My comrn. expires APR 16, 1989
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State of California
County of San Diego ss.
On this Is(& day of ~<B&J(~&V in the year of 1987, before me the undersigned, a Notary (Public in and for said state,
personally appeared George Shulman personally know to me (or
proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as president or on
behalf of the corporation therein named and acknowledged to me
that the corporation executed it.
DOROTHY E DAVIS NOTAW PUBLIC - CALIFORNIA Seal
State of California
County of San Diego
On this day /74* , day of F+ p,d/ , in the year of 1987, before me the undersigned, a Nota%kdic in and for said state, personally appeared Valarie M. Fish personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as secretary or on
behalf of the corporation therein named and acknowledged to me that the corporation executed it.
ss.
A c
Seal
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